[HISTORY: Adopted by the City Council of
the City of Vineland 7-21-1952 by Ord. No. 9; amended
in its entirety 8-10-2004 by Ord. No. 2004-39 (Ch. 74 of the 1990
Code). Subsequent amendments noted where applicable.]
A Department of Law for the City of Vineland
is hereby established.
[Amended 8-26-2008 by Ord. No. 2008-53]
The Department of Law shall be headed by a director,
who shall be known as the "City Solicitor." The City Solicitor shall:
A.
Be appointed by the Mayor, with the advice and consent
of City Council.
B.
Be appointed for and shall serve during the term of
office of the Mayor appointing him and until a successor has been
appointed and qualified.
C.
Devote his primary time and effort to the legal needs
and demands of the City of Vineland and its employees as a full-time
employee employed by the City of Vineland. The Solicitor may devote
available time in private practice as long as those legal matters
do not interfere or supersede the duties as Solicitor for the City
of Vineland. The Solicitor may not be engaged in contested litigation.
D.
Be subject to removal as provided by law.
[Amended 4-9-2013 by Ord. No. 2013-13]
The City Solicitor shall have the power and
be given the authority to appoint three Associate Solicitors and such
other legal assistants as the City shall require.
The Director shall supervise all activities
of the Department of Law.
The City Solicitor shall have the power and
duty to perform the following functions:
A.
Legal advice. The City Solicitor shall furnish legal
advice to the Mayor, City Council and all officers, departments, boards
and commissions concerning any matter arising out of the exercise
of their official powers or performance of their official duties and,
except as otherwise expressly provided, shall supervise, direct and
control all legal work of the City and delegate such duties to the
Associate Solicitors as he deems in the best interest of the City.
B.
Litigation. The Department of Law shall collect, by
suit or otherwise, all debts, taxes and accounts due the City which
shall be placed with it for collection by any officer, department,
board or commission, and it shall represent the City and every officer,
department, board or commission in all litigation. It shall prosecute
and defend all legal and equitable actions or proceedings in any court
in which the City or any officer thereof, as such, is interested as
a party, when so ordered by City Council, and shall appear therein
as counsel for the City. The Department of Law shall represent all
City-owned utilities in all legal matters and litigation.
C.
Contracts and bonds. The Department of Law shall prepare
or approve all contracts, bonds and other instruments in writing in
which the City, the public utilities and all departments, boards and
commissions are concerned and shall approve all surety bonds required
to be given for the protection of the City.
D.
Law enforcement. As directed by the Mayor, the Department
of Law shall take such steps and adopt such means as may be reasonably
necessary to prosecute and enforce all City ordinances.
E.
Ordinance drafting and codification. Upon request
of City Council, the Department of Law shall prepare or assist in
preparing any ordinance for introduction into City Council, and when
requested by City Council, it shall prepare and submit to City Council
for its consideration a comprehensive revision and codification of
all of the general ordinances of the City.
F.
Access to records. The City Solicitor shall have the
power at any time to access the records of any officer, department,
board or commission of the City.
The City Solicitor and all Associate Solicitors
shall be attorneys at law licensed to practice in the Superior Court
of New Jersey as well as the United States District Court for the
District of New Jersey. The City Solicitor shall have actively practiced
law in the State of New Jersey for a minimum of five years and shall
be a resident of the City of Vineland during the term of office.
[Amended 5-23-2006 by Ord. No. 2006-39; 8-26-2008 by Ord. No. 2008-53; 4-9-2013 by Ord. No.
2013-13; 1-14-2014 by Ord. No. 2013-68[1]; 2-14-2017 by Ord.
No. 2017-3; 7-28-2020 by Ord. No. 2020-37]
A.
The salary
of the City Solicitor shall be set forth by the City Council in the
compensation schedules theretofore adopted or hereafter to be adopted
in the Schedule of Classified/Unclassified Positions, and Applicable
Salary Ranges in the Civil Service of the City of Vineland.
B.
The associate
solicitors may be full-time employees or independent contractors as
recommended by the City Solicitor and thereafter appointed by the
Mayor, with the advice and consent of the City Council, to serve as
employees during the term of the Mayor. Such associate solicitors
serving as full-time employees of the City of Vineland shall be paid
a salary set forth by City Council, and the compensation schedule
theretofore adopted or hereto to adopt in the schedule in the Classified/Unclassified
Positions and Applicable Salary Ranges in the Civil Service in the
City of Vineland.
C.
Alternatively,
aasociate solicitors shall be paid for services rendered at a reasonable
hourly rate and set by the appointing authority, and shall be independent
contractors.
D.
To the extent
the City Solicitor and/or full-time associate solicitors are required
to make disbursements and pay expenses incurred for filing and recording
fees and all documented out-of-pocket expenses, any reimbursements
therefor shall be in accordance with the Policy and Procedure Manual
of the City of Vineland. All associate solicitors shall be entitled
to reimbursement for all disbursements paid and expenses incurred
for filing and recording fees and all documented out-of-pocket costs
as part of their contract as an independent contractor.
[1]
Editor’s Note: This ordinance was vetoed by the Mayor
on 1-21-2014; however, the City Council overrode the Mayor’s
veto by adopting Res. No. 2014-51, which is on file in the City offices,
on 1-28-2014.
